BANGIYO BHUGOL MANCHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of the present writ petitions is identical. The respondent-Authority, being the concerned Block Land and Land Reforms Officer (BL&LRO), Sadar, Berhampore, Murshidabad, issued notices captioned under Sec. 49A of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the WBLR Act") alleging that the writ petitioners have made unauthorised constructions on government land. In the said notices, the respective petitioners were directed to "remove" (indicating, in all probability, "vacate") the place and restore the original nature of the land within seven (07) days after receipt of the respective notices; the petitioner were threatened with legal action otherwise.

(2.) Learned counsel appearing for the petitioners submits that the respondent-Authority acted palpably without jurisdiction in violating the procedure laid down in Sec. 3 of the Public Land (Eviction of Unauthorised Occupants) Act, 1962 (for short, "the 1962 Act"), which lays down the modalities for issuance of notice against unauthorised occupants of public land to show cause against order for eviction.

(3.) Learned counsel submits that admittedly, the lands-in-question in all the writ petitions are "public lands" and, as such, rigours of the 1962 Act squarely apply.